BILL NUMBER:S898

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to making it unlawful to force feed birds under certain
circumstances

PURPOSE OR GENERAL IDEA OF BILL:

This will prevent the force feeding of birds in the process of
producing "foie gras".

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 353 of the agriculture and
markets law as amended by chapter 523 of the laws of 2005, by adding
the force feeding of a bird, by hand or machine, for the purpose to
fatty enlargement of such bird's liver, to the list of acts which
constitute cruelty to an animal which is a class A misdemeanor.

Section 2 of the bill is the effective date.

JUSTIFICATION:

The unusual practice of force feeding animals for nonmedical reasons
is the sole method employed in the production of pate de foie gras.
Foie gras (fatty liver), a gourmet delicacy, is the enlarged liver of
              

a duck or goose. To obtain this product, the animals are force fed
three times daily by means of a long pipe which is inserted into the
esophagus of the animal. Compressed air is forced through the pipe to
ensure the animal is fed an excessive amount. This leads to the
swelling of the animal's liver, causing it to expand up to eight to
twelve times its normal size. Often this force feeding of the animal
causes the rupture of the animal's internal organs leading to
infection and subsequently the animal's death. The daily force feeding
regimen lasts approximately three to four weeks until the animal is
slaughtered.

Presently, many European countries prohibit foie gras production. This
legislation, if passed would prohibit this cruel practice and prevent
further abuse to animals in New York State.

In addition, the United States Humane Society filed suit against the
NYS Department of Agriculture and Markets to prohibit the production
and sale of foie gras as an adulterated food product.

PRIOR LEGISLATIVE HISTORY:

2011-12: S.3867
2007-08: S.1463 (Padavan)/A.6277 (Benjamin)
2005-06: S.2083 (Padavan)/A.7876 (Benjamin)
2003-04: S.5153 (Padavan)/A.1821A (McEneny)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:


This act shall take effect on the first of November succeeding the
date on which it shall have become a law.